FAQ: Why is Article 370 so contentious?

FAQ: Why is Article 370 so contentious?

All it took was one nondescript statement from a minister in the Narendra Modi government for the contentious issue of Article 370 to re-emerge in national focus.

Minister of State Jitendra Singh's comments that the Modi government was open to debate on the relevance of Article 370 that gives a special status to Jammu and Kashmir evoked sharp reactions from state Chief Minister Omar Abdullah and the main opposition People's Democratic Party.

Omar called Article 370 the "only constitutional link between Kashmir and the rest of India" and termed Singh’s remarks as "ill informed and irresponsible".

For the record, the BJP is in favour of having Article 370 repealed.

Wondering what Article 370 is all about and why it is it so contentious? Read the FAQ below.

What is Article 370?

This is a temporary article enshrined in the Constitution of India, which can be abrogated only through a mandate from the constituent assembly of the state. It took birth from the norms of the Instrument of Accession signed between Maharaja Hari Singh and Lord Louis Mountbatten, the first governor-general of free India.

Dr B R Ambedkar was against the creation of Article 370.

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Image: A Kashmiri man looks out of the window of his housePhotographs: Reuters

FAQ: Why is Article 370 so contentious?

After Independence it was felt that Kashmir needed more time to integrate with India. It was decided that there was a need to exempt Kashmir from the basic provisions of the Constitution and hence Article 370 was introduced.

Is Article 370 permanently in force in Jammu and Kashmir?

This is only a temporary provision. The intent was to give the state time to become part of India. It was stated that Article 370 will be repealed the day there is sanity in the Valley and the people of the state approved of the same.

How can it be repealed?

The President of India has the right to repeal it vide a public notification. The state assembly too needs to give their consent.